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Is this legal??

Submitted by an LD OnLine user on

I found out today from my daughter’s Principal that they will not provide a speech and language evaluation unless all her teachers agree to it. I am pretty sure that this is not true, I thought if I suspected a disability in the speech and language area that they had to test her. I am in Massachusetts and went to the office of BRIDGES an organization that provides advocacy help to parents. They told me that all I had to do was request the eval’s in writing and the school had to them??

I am losing my mind or am I right??

Submitted by Anonymous on Tue, 09/11/2001 - 9:53 PM

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Hi,
I am from Mass. too. Write a letter requesting that your child have a speech and language evaluation by a speech and language pathologist. You do not have to say anything more. You have the right to request this and the principal telling you all members of the team have to agree to it is hogwash. Do a search for the Federation for Special Needs here in Mass., their site might be helpful as well as Wrights Law site.

Submitted by Anonymous on Wed, 09/12/2001 - 12:56 AM

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What you need to do is make your request in writing and be very specific. There is a timeline the district has to follow to respond. If they choose to not respond, then you can pursue an independent evaluation and fight for their reimbursement. I suggest you keep in mind the time frame and your child’s needs. If too much time goes by and you get caught up fighting, you will lose precsious time for your child. Do put the request in writing. If the district makes a huge fuss or ignores you, do the research, confirm the timeline, and then pursue the independent eval regardless of who ultimately pays. Do not let the system punish your child by keeping her from the services or identification of areas of need so she can get the help she requires at a younger age. Remediation is best done the younger the child is. Keep everything documented. Do not let this administrative beurocratic boob (for lack of a better word) simply tell you this without putting his/her opinion in writing.

Furthermore, after this is in writing, request (in writing) what are the teacher’s qualifications for diagnosing a child’s ld? The entire premis of needing only a teacher reccomendation eliminates the need for parental input, which is highly contrary to the intent of the law and IDEA as it was intended.

again, get all their responses in writing. Do not take phone calls at home, or get caught in the halls. Request all contact be made in writing regarding this matter, and ask for full explanations as to why they beleive she doesn’t need to be tested.

To answer your question… no it isn’t legal.

Andy

Submitted by Anonymous on Thu, 09/13/2001 - 10:37 PM

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Make sure you put it in writing and fax and mail it. Also continue to follow uo with a phone call within an hour after you sent the fax. Keep proof that it was faxed and confirm with the secretary as well as the CST contact person that it was received. This creates a larger paper trail and makes them start thinking. It also makes your time period begin 2 days or so sooner.

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